Water and Politics

Wow, there were so many questions and suggestions I think I'd have logjammed the comment thing trying to respond there! Thanks for being so supportive and insightful and helpful. Most of all for making me laugh. It helps to keep a sense of humor about things like this, and right now it would seem there is an inverse relationship between pregnancy hormones and humor in a crisis. So, I'll just kind of address the questions here. The plans, however, are subject to change according to my hCG levels, whether I have creamer, and the direction of the wind.

So what happens now? Do you have to have a confrontation with your neighbors or is the water company going to take care of it? Will you get a credit for water paid for but not used? Is there going to be legal action? ACK! The unanswered questions are driving me crazy!

We looked at several options and have decided to go with "business as usual". There would be, if we were moving our water line, and the neighbors were not, in fact, parasitical thugs, no reason for us to contact our neighbors. It would be weird to contact them before hand, actually, because if they truly were upstanding citizens, we could set our water line on fire and it would not affect them. (Well, except for the burn ban that's in effect until October, but barring that...)

To contact them would accomplish nothing other than to raise the ire of the ignorant (are they going to drop to their knees, beg our forgiveness and ask, "How much do we owe ya for the last two years?" Um, no.), and the law on "theft of services" is pretty much a break even proposition. There are no penalties or fines or jail time. It's simply a reprimand to pay for the actual cash amount they've benefited in this (but "no more than $500"), and absolutely no guarantee that we'd be able to recoup attorney's fees. It's only a class C misdemeanor, so they'd still get off pretty much scott-free, but would have had plenty of time in the courtroom to memorize our features, and it could result in some kind of awkward confrontation which might include the shooting of our dog.

I'll answer the water company questions all at once, at the bottom.

Wait, so the water company knows your neighbors?Will they pursue this? Will they help you at all in fixing this? Is there any way to make sure that if you dig lines again they won't tap into THOSE?Are your neighbors sucking your power too?They put barbed wire and tree stumps across *their* drive? Why? So no one could come to their house?How soon can you dig new lines?

Oh, yes. The water company knows them. The cops know them. The ladies at the corner market know them. And not in the same, friendly, affectionate manner that everybody knew little Opie in Mayberry.

They aren't sucking our power. The house is just horribly inefficient. (Although I did make a point of ascertaining that all is well when the Elec. Co. replaced our transformer earlier this summer. Never hurts to check.) :-) The driveway issue happened the day we first came to look at the place. I'll link it -- well, huh. I thought I'd blogged about that, but I can't find a link to it. I'll have to do it another time. I'll go get pictures -- it's still there. Let's just say we had to build a driveway to get onto the property in order to be able to buy it.

We're relatively certain the water lines were tapped back in 1983, when the neighbors' house was built (family property - "sure you can tie into Daddy's line"). Then, their own line was set when this house was sold to the meth-family that came before us. They most likely just have a valve somewhere so they can switch at will. I don't think they have the wherewithal to tap the line right now. And honestly, while things do grow fast around here, it still takes a good year for a ditch scar to grow over completely. It's not something they could do without our noticing.

Will ANY action be taken against them? How will you prevent it from happening again?

Well, there's no way to forestall a truly determined criminal. But we don't believe they have that in mind. This was "there", it was easy, and nobody said anything until now. Not exactly noble of them, but we aren't concerned about drunk men in ski caps tripping through the poison ivy in the dead of night to tie back into our line. Not at the moment, anyway. And, like I mentioned, the State's coverage of this charge isn't worth pursuing, which really, why bother with legislation at that point? (OK, mostly. But still, pffft.)

The word 'prosecution' has a nice ring to it, doesn't it?

*sigh* It does. Too bad the punishment isn't a punishment. I'd demand more of my seven year old in the way of setting things right than the law does of full-grown adults for theft. That is, perhaps, the most disappointing development in this whole case.

I guess the best thing to do is take that family off as dependents on your income tax :)

Now that is a fantastic idea! I like the way you think!

I'd also give a call to the water company and make SURE they are going to pursue action on this. Consider the Water Co's usual scumbag corporate position on this ... as far as they know, your water-grifters are a bunch of scumbag hillbillies who couldn't actually pay for their water, so the Water Co. may be quite content to let sleeping dogs lie since YOU are actually paying for it.

OK, the water, the water company, and so forth. Here's the skinny.

The Water Company is not responsible for this, and that's not some "scumbag corporate position". It's the logical conclusion, and the only right conclusion, intellectually, ethically, and legally. We contract with the water company to deliver water *to our property*. They run the main, they provide the meter. At that point, they've brought us water. It's on our property. The laying, maintenance, and use of the water line from the meter to its end, is our responsibility, just as it is with everything else that is on our property. What we do, or do not do, with that water, once it has been delivered, is up to us. It's ours. We've paid for it. The water company has fulfilled its contractual obligation to us by delivering said water to our property. The amount billed is based on the amount that passes through the meter (or, more directly, from their hands, to ours, at that junction).

A wonderful example is that if we were to come home and find our neighbors have broken into our home and hooked a hose up to our faucet and are stealing our water that way, we wouldn't expect the water company to do anything. That's our home, our faucet, and our water, on our property. It's not the water company's responsibility. Well, whether the water is taken from our faucet or from our water line makes no difference; it's on our property. That's not their responsibility -- it's ours. And the neighbor did not steal from them (it would be a different situation entirely if the neighbors had tapped into the main, which IS the water company's responsibility); they stole from us, so the issue is to be settled between us and the neighbors.

If someone steals from my garden, I'm not going to expect the feed store to replace the seeds. If someone steals from my closet, I'm not going to expect the thrift store to replace my clothing. If somebody comes into my drive and siphons out my tank, I'm not going down to Gina's to demand that she refill it for free. Private ownership of property is something we value very highly, and we do not expect anybody, particularly any business, to maintain liability for the use or abuse of their products once those products are in our possession.

The only reasonable thing that could be asked of the water company would be that they provide documentation that the line at the neighbors' address has been inactive, and the dates during which it has been inactive. Likewise, if one wanted to pursue the case in court, the Postal Service and the Electric Company both could be called upon to testify whether that home has been receiving mail or power, respectively, at that address during the same period of water utility inactivity. I have no doubt that they would gladly provide that information. Beyond that, I have no right to ask anything more of them. They have a job to do and they did it.

Conversely, we have a job to do, and we did not do it. If there must be finger pointing (beyond at the neighbors for stealing in the first place -- I think we all agree they are at fault on their end), we would have to admit that we've dropped the ball on maintaining our water line's integrity and being proactive about investigating the water use. We could have stopped this sooner had we done so. That responsibility lies entirely on us, and while we do not hold ourselves culpable for premeditated theft, we couldn't look to a company that did provide what it was contracted to provide without first looking very closely at ourselves. Due diligence -- it's not just a comfortable phrase to throw around, it's an important thing to practice daily. We've learned our lesson. The hard way.

Zorak and I have NO beef whatsoever with the water company.

And so, hopefully, this will soon come to a quiet, if awkward end. We can move forward into autumn and winter and all the fun that that brings (and hey - at least this winter the pipes will be properly insulated and won't freeze when we have a snap frost I didn't see coming! Yesssss!)

Kiss those babies!
~Dy